Delhi Court urges CBI director to send written apology to Aakar Patel to restore public confidence in the central agency

While setting aside the Look Out Circular (LOC) against Amnesty's Aakar Patel, a Delhi Court on Thursday urged the Central Bureau of Investigation (CBI) director to send a written apology to Aakar Patel to restore public confidence in the central agency [Aakar Patel v. CBI]..Additional Chief Metropolitan Magistrate Pawan Kumar in his order held that apart from the monetary loss, the applicant had suffered mental harassment as he was not allowed to visit on the scheduled time."This court is of the considered opinion that in this case, a written apology from the head of the CBI i.e. Director CBI acknowledging the lapse on the part of his subordinate to the applicant would go a long way in not only healing the wounds of the applicant but also upholding the trust and confidence of the public in the premier institution," the order stated.For monetary compensation, Patel was asked to approach Court or any appropriate forum..A written apology from Director CBI would go a long way in upholding the trust and confidence of the public in the premier institution.Addl. CMM Pawan Kumar."Court is of the considered view that the LOC is liable to be set aside, therefore, the CBI is directed to withdraw/recall the LOC issued against the accused immediately. The CBI is directed to take appropriate action and give intimation to the authority concerned," the order held.The Court also underlined that the LOC ought not have been issued merely on the basis of apprehensions arising out of whims and fancies of the investigating agency."The fundamental rights of any person cannot be curtailed without any procedure established by law," it highlighted..The order also pointed out that apparently, the LOC in the present case was issued in violation of the guidelines laid down by the Delhi High Court and office memorandum of the ministry concerned.Interestingly, the Court recorded the investigating officer's submission that the application for the issuance of LOC was moved on the day the charge sheet was complete and dispatched for filing in the court."It shows that it is not the case of oversight or ignorance; rather it is a deliberate act of the investigation agency to put restrictions on the valuable rights of the accused," the Court observed..The order went on to add that it was not the CBI's case that Patel had evaded his arrest or did not join the investigation. It is important to mention that the LOC was issued after dispatch of the chargesheet on December 31, 2021."It is very much clear that the applicant/accused joined the investigation as and when notice was issued. The accused was never arrested by the agency during the investigation," it added..Advocates Tanveer Ahmed Mirm Vaibhav Suri and Saud Khan represented Patel..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.